Williams v. The County of Alameda et al
Filing
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ORDER DISMISSING CASE AND DENYING CERTIFICATE OF APPEALABILITY. Signed by Judge James Donato on 1/9/18. (lrcS, COURT STAFF) (Filed on 1/9/2018)
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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CHARLES RAY WILLIAMS,
Petitioner,
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Case No. 17-cv-04785-JD
v.
THE COUNTY OF ALAMEDA, et al.,
ORDER DISMISSING CASE AND
DENYING CERTIFICATE OF
APPEALABILITY
Respondent.
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United States District Court
Northern District of California
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Charles Ray Williams, a civil detainee, filed a pro se petition for a writ of habeas corpus
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pursuant to 28 U.S.C. § 2241. Petitioner challenges the ongoing proceedings in Alameda County
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Superior Court to civilly commit him under California’s Sexually Violent Predator Act (“SVPA”),
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see Cal. Welf. & Inst. Code § 6600 et seq. Petitioner was ordered to show cause why Younger
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abstention does not apply and why this case should not be dismissed. He has filed a response.
DISCUSSION
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STANDARD OF REVIEW
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The Court may entertain a petition for writ of habeas corpus from a person claiming to be
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“in custody in violation of the Constitution or laws or treaties of the United States.” 28 U.S.C. §
2241(c)(3). A district court considering an application for a writ of habeas corpus shall “award the
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writ or issue an order directing the respondent to show cause why the writ should not be granted,
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unless it appears from the application that the applicant or person detained is not entitled thereto.”
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28 U.S.C. § 2243.
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Section 2241 allows “the Supreme Court, any justice thereof, the district courts and any
circuit judge” to grant writs of habeas corpus “within their respective jurisdictions.” 28 U.S.C. §
2241(a). A habeas petition under § 2241 is the appropriate vehicle for a challenge to a person’s
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detention when the person is in custody, but not pursuant to the judgment of a state court, e.g., it is
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the appropriate basis for a challenge to detention by a pretrial detainee. See Hoyle v. Ada County,
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501 F.3d 1053, 1058 (9th Cir. 2007).
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LEGAL CLAIMS
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It appears from the petition that petitioner has not yet been found to be a sexually violent
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predator and the commitment proceedings are ongoing. Petitioner argues that there have been
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many due process violations in the proceedings against him and his public defender is
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incompetent. For relief, petitioner seeks a new attorney, money damages and to be transferred to a
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different state hospital and receive different care.
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A federal court generally will not enjoin or directly intercede in ongoing state court
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proceedings absent extraordinary circumstances. Younger v. Harris, 401 U.S. 37, 40-41, 43-45
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United States District Court
Northern District of California
(1971). Federal courts will abstain if the state proceeding 1) is currently pending, 2) involves an
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important state interest, and 3) affords the petitioner an adequate opportunity to raise constitutional
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claims. Middlesex County Ethics Committee v. Garden State Bar Ass’n., 457 U.S. 423, 432
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(1982). For abstention to be appropriate, the federal court action must enjoin the state proceeding
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or have the practical effect of doing so by interfering in a way that Younger disapproves.
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Gilbertson v. Albright, 381 F.3d 965, 977-78 (9th Cir. 2004) (en banc). This principle of
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abstention has been applied to collateral attacks on criminal convictions; federal habeas corpus
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does not lie, absent special circumstances, to adjudicate the merits of a state criminal charge prior
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to a judgment of conviction by a state court, Braden v. 30th Judicial Circuit Court of Kentucky,
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410 U.S. 484, 489 (1973), or even during the time a case is on appeal in the state courts, New
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Orleans Pub. Serv., Inc. v. Council of City of New Orleans, 491 U.S. 350, 369 (1989). This
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principle has also been applied to pending state civil proceedings where important state interests
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are at stake. Middlesex County Ethics Committee, 457 U.S. at 432; Moore v. Sims, 442 U.S. 415,
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423 (1979) (pending child custody proceeding); Huffman v. Pursue, Ltd., 420 U.S. 592, 604
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(1975) (pending nuisance action).
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SVPA proceedings involve important state interests. The importance of a state’s interest
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may be shown by a close relationship between noncriminal proceedings to proceedings that are
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criminal in nature. Middlesex County Ethics Comm., 457 U.S. at 432. The SVPA proceedings are
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closely related to proceedings that are criminal in nature and involve state interests of protection of
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the public and mental health treatment, which under California law are considered to be
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compelling, Hubbart v. Superior Court, 19 Cal. 4th 1138, 1153 n. 20 (1999), and are the types of
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interests categorized as legitimate and important under federal authority, Dept. of Revenue of Ky.
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v. Davis, 553 U.S. 328, 340 (2008) (health, safety and welfare of citizens); Hill v. Colorado, 530
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U.S. 703, 715 (2000) (traditional police power of the state to protect the health and safety of
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citizens). Specifically, the Younger abstention principles have been applied to SVPA
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proceedings. See, Smith v. Plummer, 458 Fed. Appx. 642, 643 (9th Cir. Nov. 15, 2011)
(unpublished); Cruz v. Ahlin, 2011 WL 5290092, at *3 (C.D.Cal. Aug. 24, 2011) (unpublished)
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United States District Court
Northern District of California
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(collecting cases).
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To the extent that petitioner seeks different care at Coalinga Hospital; he must file a civil
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rights action in the Eastern District of California. Petitioner is informed that money damages are
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not available in habeas proceedings. With respect to his request for this Court to interfere in
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ongoing state proceedings, he has failed to demonstrate extraordinary circumstances to warrant
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intervention. He states that his public defender has failed to ask appropriate questions and has not
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helped him receive appropriate treatment. His requests related to treatment must be filed in a civil
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rights action. That he feels his public defender is not performing adequately does not justify
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federal court intervention.
CONCLUSION
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The petition is DISMISSED for the reasons set forth above.
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2.
Because reasonable jurists would not find the result here debatable, a certificate of
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appealability (“COA”) is DENIED. See Slack v. McDaniel, 529 U.S. 473, 484-85 (2000).
IT IS SO ORDERED.
Dated: January 9, 2018
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JAMES DONATO
United States District Judge
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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CHARLES RAY WILLIAMS,
Case No. 17-cv-04785-JD
Plaintiff,
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v.
CERTIFICATE OF SERVICE
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THE COUNTY OF ALAMEDA, et al.,
Defendants.
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I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S.
District Court, Northern District of California.
United States District Court
Northern District of California
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That on January 9, 2018, I SERVED a true and correct copy(ies) of the attached, by
placing said copy(ies) in a postage paid envelope addressed to the person(s) hereinafter listed, by
depositing said envelope in the U.S. Mail, or by placing said copy(ies) into an inter-office delivery
receptacle located in the Clerk's office.
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Charles Ray Williams ID: CO#:000581-9
Pleasant Valley State Prison
24511 W. Jayne Avenue
P.O. Box 5003, Unit 14
Coalinga, CA 93210-5003
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Dated: January 9, 2018
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Susan Y. Soong
Clerk, United States District Court
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By:________________________
LISA R. CLARK, Deputy Clerk to the
Honorable JAMES DONATO
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